TRANSPOSITION AND IMPLEMENTATION OF THE IPPC, LCP, SEVESO II, VOC DIRECTIVES – EXPERIENCE AND LESSONS LEARNT Kalin Iliev Nikolay Savov Ministry of Environment and Water Bulgaria

Short overview of the negotiations process and the initially requested transitional periods Transposition and implementation of the IPPC, LCP and VOC directives Implementing and enforcing the Seveso directive in Bulgaria

NEGOTIATIONS PROCESS 27 July 2001 – launch of the negotiations between Bulgaria and the EU on Chapter 22 “Environment” 30 June 2003 – Provisional closure of the negotiations on Chapter November Closure of the negotiations on Chapter 22

Initially requested transitional periods – CONF-BG 13/01 Sulphur content for certain liquid fuels (Directive 1999/32/EC) - 8 years – until VOC emissions resulting from the storage of petrol and its distribution from terminals to service stations (Directive 94/63/EC) - 3 years – until Packaging and packaging waste (Directive 94/62/EC) - 5 years – until Landfill of waste (Directive 1999/31/EC) - 5 ½ years – Urban waste water treatment (Directive 91/271/EEC) – 8 years – Discharge of dangerous substances into surface water (Directive 76/464/EEC) – 4 years – Integrated pollution prevention and control (Directive 96/61/EC) – 4 years – Emissions of VOC due to the use of organic solvents in certain activities and installations (Directive 1999/13/EC) – 5 years – until

Requested transitional periods End-of-life vehicles (Directive 2000/53/EC) – 5 years – until New Packaging and Packaging Waste (Directive 2004/12/EC) – 6 years – until WEEE (Directive 2002/96/EC) – 2 years – until Large Combustion Plants (Directive 2001/80/EC) – for four TPPs - TPP Varna – until TPP Bobov dol – until TPP Rousse – east – until TPP Lukoil Neftochim – until

IPPC DIRECTIVE - TRANSITIONAL PERIODS NEGOTIATED A TRANSITIONAL PERIOD WAS NEGOTIATED FOR 41 OUT OF 242 INSTALLATIONS (17% of the ippc installations) of which: - Until 31 December 2008 – 5 installations - Until 31 December 2009 – 1 installation - Until 31 December 2011 – 35 installations Negotiated on an installation by installation approach

Transposition of the IPPC directive ENVIRONMENTAL PROTECTION ACT (SG 91/2002) – Chapter VІІ, Section ІІ – “Integrated Permits” Ordinance on the terms and procedure for issuance of integrated permits (SG 26/2003) Seven methodologies issued by the Minister of Environment and Water

IMPLEMENTATION OF THE IPPC DIRECTIVE 153 integrated permits have been issued so far 10 IPs have been reviewed 2 have been amended for having caused significant pollution The IPs for all the existing installations should be issued by

Directive 2001/80/EC – negotiations and transposition A TRANSITIONAL PERIOD WAS NEGOTIATED FOR 4 LCPs out of 36: - TPP "Varna“ until TPP "Bobov dol“ until TPP "Ruse-East“ until TPP at "Lukoil Neftochim" Burgas until Regulation No 10 of 6 October 2003 on ELVs (concentrations in waste gases) of sulphur dioxide, nitrogen oxides and total dust discharged into the air from large combustion plants

Directive 2001/80/EC - implementation All operating LCPs have obtained integrated permits – 31 2 have decreased their capacity below 50 MWs 3 have been decommissioned A certain number of installation have fallen behind in the implementation of their investment programmes.

VOC Directive 99/13/EC – negotiations and transposition Initially requested transitional period – until Withdrawn with the Second additional information – April installations were identified during the drafting of the Implementation programme Regulation No 7/ on ELVs of VOC discharged into the air due to the use of solvents in certain installations

Implementation of Directive 99/13/EC At present 518 installation perform activities with solvents consumption 221 have solvents consumption above directive’s threshold Only 65 installations have been in compliance with directive’s requirements in 2006 Deadline for reaching compliance –

Implementing and Enforcing the Seveso Directive in Bulgaria Ministry of Environment and Water

Implementing Seveso in Bulgaria Start PHARE Project Start PHARE Project 2002 – Environmental Protection Act 2002 – Environmental Protection Act 2003 – Seveso Regulation 2003 – Seveso Regulation 2005 – Amendment to EPA – Directive 2003/105/EC 2005 – Amendment to EPA – Directive 2003/105/EC 2006 – New Seveso Regulation 2006 – New Seveso Regulation Transposition

Pilot permits Chemical Industry Chemical Industry Petroleum Products Storage Facility Petroleum Products Storage Facility Metallurgy Metallurgy LPG Storage and Distribution Site LPG Storage and Distribution Site Set of Guidance Notes Classification Classification MAPP and SMS MAPP and SMS Safety Report Safety Report Risk Analysis Risk Analysis Implementing Seveso in Bulgaria Implementation – Preparatory Phase

2004 – New Enterprises No Transitional Period No Transitional Period 2006 – Existing Enterprises No Transitional Periods No Transitional Periods Accent on Safety Management Accent on Safety Management Investment Requirements – in IPPC for the majority of the big industrial sites Investment Requirements – in IPPC for the majority of the big industrial sites Implementing Seveso in Bulgaria Implementation Schedule

By mid-2007 – 72 Enterprises About 40 Enterprises in the Pipe App. 95% of the Sites within the Scope of the Directive Estimated End of the Process – end 2007 Dynamic Process – Influx of new Sites Implementing Seveso in Bulgaria Implementation Progress

Joint Inspections RIEW, RIPPH, CDA, MTSI, FFA, Regional and Local Authorities RIEW, RIPPH, CDA, MTSI, FFA, Regional and Local Authorities Clear Division of responsibilities Annual Inspection Programmes Over 25 Inspection for 2007 Prescriptions and Penalties Overall Fair Compliance Overall Fair Compliance Implementing Seveso in Bulgaria Enforcement Strategy

Good Preparation Required Competent Authorities Competent Authorities Operators Operators General public General public Workshops, Information Materials, Guidance Notes, Pilot Exercises Workshops, Information Materials, Guidance Notes, Pilot Exercises Good Coordination amongst the Competent Authorities BG particularity – many CA BG particularity – many CA Good Coordination with other Legislation IPPC, VOC, Waste … IPPC, VOC, Waste … Labour safety, Firefighting, Emergency/Crisis Management… Labour safety, Firefighting, Emergency/Crisis Management… Implementing Seveso in Bulgaria Lessons Learnt

Enforcement Strategy Predefined Predefined Command and Control or Enforcement Promotion? Command and Control or Enforcement Promotion? Expertise of Control Authorities Expertise of Control Authorities Reporting and Improvement Reporting and Improvement Co-operation with Operators and General Public Crucial for Acceptance and Compliance Crucial for Acceptance and Compliance Transparent Procedures and Evaluation Techniques Transparent Procedures and Evaluation Techniques Wide Public Participation Wide Public Participation Enforcement Promotion Enforcement Promotion Measured Enforcement Measures – according the Scale of the Non-compliance Measured Enforcement Measures – according the Scale of the Non-compliance Implementing Seveso in Bulgaria Lessons Learnt